Property lease contract with dissolved corporation

Since a dissolved corporation continues to exist within the scope of the purpose of liquidation until the default of its liquidation, the right of lease of the property unfairly deprived is restored and the so-called "lease contract is concluded with the management authority" does not deviate from the scope of the purpose of liquidation.

Articles 4 and 24 of the Act on the Disposal of Property Belonging to Jurisdiction, Article 73 of the Civil Act

Korea Agriculture Association Manager and the Minister of Agriculture and Forestry (Attorney Shin Young-ju, Counsel for the defendant-appellant)

Attorney Park Jae-sik, Counsel for the defendant-appellant of the Government of the Republic of Korea

Seoul High Court Decision 54Do235 delivered on March 3, 1956

We reverse the original judgment.

The case is remanded to Seoul High Court.

The grounds of appeal by the plaintiff 2 is that the plaintiff's new property belongs to the non-party 2, who acquired the non-party 2, the non-party 2, the non-party 4 and the non-party 2, who acquired the non-party 2, the non-party 2, the non-party 2, the non-party 2, the non-party 4, the non-party 2, the non-party 2, the non-party 2, the non-party 2, the non-party 4, the non-party 2, the non-party 2, the non-party 4, the non-party 2, the non-party 2, the non-party 4, the non-party 2, the non-party 2, the non-party 2, the non-party 4, the non-party 2, the non-party 2, the non-party 4, the non-party 1, the non-party 2, the non-party 4, the non-party 1, the non-party 2, the non-party 1, the non-party 3, the right of liquidation.

Since it is clear under Article 73 of the Civil Code that a dissolved corporation continues to exist within the scope of the purpose of liquidation until the completion of liquidation, the so-called, which restores the right of lease of the property which is unjustly deprived of, and concludes a lease contract again with the administrative authority, is not deviating from the scope of the purpose of liquidation, so the lease contract in this case is about the dissolved corporation, and its cancellation is not illegal. Therefore, the appeal on this issue is without examining whether the appeal is filed against the person with reasonable grounds, and it is so decided as per Disposition under Article 407 of the Civil Procedure Code.

Justices Kim Byung-ro (Presiding Justice)